Monkish beer defended

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Ah, for the good old days, when "the crying scandal of the day" was "the brewing of beer and the sale of the same by the Catholic monks of the famous Abbey of St. Vincent."  To see how the monks tried to avoid becoming a mainstay in the TMZ Kinetoscopes of 1895, read the New York Times' archival classic Monkish Beer Defended, which is just one of the delightful subjects featured in Joanna Sugden's survey of religious beer.

Speaking of which, law types will no doubt remember a famous case involving monkish alcohol--1961's De La Salle Institute vs. U.S., in which a court held that the Christian Brothers Winery--back then, the largest domestic producer of brandy in the U.S.--did not qualify as a church for purposes of exemption from the unrelated business income tax (in prehistoric times, churches were exempt from UBIT). For key quotes from the case, click the link below:

Plaintiff's winery may have a chapel for the use of the workers there. Nevertheless, the winery is a winery, not a church. If plaintiff ran the winery only, with an attached and subsidiary chapel, plaintiff would not be a ‘church’ within the meaning of the statutes here involved.

If a giant money-making corporation, such as General Motors, owned a company town, complete with churches, which the company owned and operated, the company would not be a ‘church.’ If, in its defense operations, the United States owns a town (as it does at Herlong, California) complete with churches, that does not make the United States a church.

One can conceive of a winery, in which religiously habited monks would be among the workers. These monks might pray frequently, retire to an attached chapel for prayers and meditation according to a regular schedule, seek to convert or enlighten their fellow-workers at every opportunity, and endeavor to think religious thoughts and live by their religious creed at all times. The winery would nonetheless be a winery, and this would be true regardless of the conduct of certain of its employees. By the same token, a school, which has teachers similar to the monks in our hypothetical winery, remains a school.

The argument might be made that the Church needs money to do its work; that the devoted monk who works in a commercial winery is essential to that work and is therefore engaged in church work. If the doctrine of the Catholic Church were such, work in the winery might be a church function according to the precepts of the Church. This, however, could not transform an incorporated winery into an exempt church, under any reasonable interpretation of the statute.

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